3. The Fusion of English and Norman.
D. I wonder that this prince of singular excellence, and this man of most distinguished virtue, should have shown such mercy towards the race of the English, subjugated and suspected by him, that not only did he keep from harm the serfs by whom agriculture could be exercised, but left even to the nobles of the kingdom their estates and ample possessions.
M. Although these things do not pertain to the matters undertaken and concerning which I have bound myself, I will nevertheless freely expound what I have heard on these matters from the natives themselves. After the conquest of the kingdom, after the just overthrow of the rebels, when the King himself and the King's nobles went over the new places, a diligent inquiry was made as to who there were who, contending in war against the King, had saved themselves through flight. To all of these, and even to the heirs of those who had fallen in battle, all hope of the lands and estates and revenues which they had before possessed was precluded: for it was thought much for them even to enjoy the privilege of being alive under their enemies. But those who, having been called to the war, had not yet come together, or, occupied with family or any kind of necessary affairs had not been present,—when, in course of time, by their devoted service they had gained the favour of their lords, they began to have possessions for themselves alone; without hope of hereditary possession, but according to the pleasure of their lords. But as time went on, when, becoming hateful to their masters, they were here and there driven from their possessions, and there was no one to restore what had been taken away,—a common complaint of the natives came to the King to the effect that, thus hateful to all and despoiled of their property, they would be compelled to cross to foreign lands. Counsel at length having been taken on these matters, it was decided that what they, either on merits or having entered into a legal pact, had been able to obtain from their masters, should be conceded to them by inviolable right; but that, however, they should claim nothing for themselves by right of heredity from the time of the conquest of the race.
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4. Danegeld and Essarts.
M.
"Our island content with its own, does not need the goods
of the stranger
Therefore with every good right, our predecessors
have called it,
Truly the lap of riches; the home, too, of every delight."
On account of this she has suffered innumerable injuries from outsiders; for it is written "marked jewels attract the thief." For the robbers of the surrounding islands, making an irruption and depopulating the shores, carried off gold and silver and all sorts of precious things. But when the King and the natives, drawn up in warlike array, pressed on in defence of their race, they betook themselves to flight by sea. Now among these robbers almost the first, and always the most ready to do harm, was that warlike and numerous race of the Danes, who, besides possessing the common avarice of plunderers, pressed on the more eagerly because they claimed, of ancient right, some part in the domination of that kingdom, as the history of the Britons more fully relates. In order, therefore, to ward these off, it was decreed by the English Kings that, from each "hide" of the kingdom, by a certain perpetual right, two shillings of silver should be paid for the use of the brave men, who, patrolling and carefully watching the shores kept off the attack of the enemy. Therefore, since principally on account of the Danes this revenue was instituted, it is called "Danegeldum" or "Danegeldus." This, therefore, under the native kings, was paid yearly, as has been said, until the time of King William I. of the race and people of the Normans. For in his day the Danes as well as the other robbers by land and by sea, restrained their hostile attacks, knowing to be true that which is written, "When a strong man armed keepeth his palace his possessions are in peace." For they also knew, indeed, that men of surpassing valour do not suffer injuries to go unpunished. When, therefore, the land had long been quiet under the rule of this King, he became unwilling that that should be paid as a yearly tax which had been exacted by the urgent necessity of a time of war, nor yet, however, on account of unforeseen cases, did he wish it to be entirely omitted. It was occasionally paid, therefore, in his time, and in that of his successor; that is, when from outside nations, wars or rumours of wars arose. But whenever it is paid, those who sit at the exchequer are free from it, as has been said. The sheriffs, too, although they are not counted under the barons of the exchequer, are quit of this for their domains, on account of the labour of collecting the tax. Know, moreover, that the domains of any one are called those which are cultivated at his own expense or labour, and likewise those which are possessed by his serfs in his name. For the serfs, according to the law of the kingdom, not only may be transferred by their lords from those places which they now possess and others; but they themselves also are sold or sundered in every possible way; which right they themselves, as well as the lands which they cultivate, in order to serve their masters, are considered domains. Likewise it is said by those to whom the ancient dignity of exchequer was known from what they had seen with their own eyes, that its barons are free, for their domains, of essarts (clearance-fines) of the forests. With whom we also agree; adding the reservation, that they may be called quit of those essarts which had been made before the day on which the illustrious King Henry I. bade farewell to human affairs. For if they were quit of all, whenever made or to be made, the barons would seem to be free with impunity, according to their own will and judgment, to cut down their woods in which the Royal forest consists; which they can, in fact, by no means do with impunity, unless the consent of the King or of the chief forester has first been gained. Nay, those who have their domicile in the forest, may not take from their own woods what they want for the necessary uses of their homes, unless by view of those deputed to guard the forest. But there are many who wish to prove by their arguments that no one, by reason of his seat at the exchequer, is free from these essarts. If any one at all of those sitting there should, by any misfortune, commit a fault against the King, for which he would merit to be punished with a pecuniary fine, he would not be freed from that punishment except by special mandate of the King. Since, therefore, a clearance is a fault committed against the forest of the King, he who thus errs, and on this account receives a penalty, ought not, as they say, to be acquitted unless by express mandate of the King. Now, although this reasoning is subtle and seems to some almost sufficient, it is to be said, in objection to it, that the penalty for clearance is fixed and common to those who err in this way; so that, namely, for the clearance of one acre of wheat land one shilling is paid; but for an acre in which oats are sown, six pence, by a perpetual law. Moreover, from these items a certain total sum arises, for which the sheriff is compelled to account to the exchequer; just as from the established two shillings or one from the different "hides" one sum arises which is called the common assessment. Since, therefore, in these respects, the essart has an express similitude with the common assessment, as has been said, it would seem as if the barons, not without justice, should be considered quit from the essarts, just as from the other common assessments. Likewise the authority, not to be despised, of custom and long usage is against them (the cavillers). For those whose memory is hoary call to mind that it was so in past times. I myself, who speak with thee, have, in modern times, looked upon Robert, Earl of Leicester, a discreet man learned in letters, and versed in matters of the law. He, while having an inborn virtue of mind, became also an emulator of his father's prudence: his industry examined into many matters under our Prince Henry the Second, whom neither fictitious prudence nor dissimulated folly deceives; so that, by the King's order, not only at the exchequer did Robert obtain the dignity of president, but also throughout the whole kingdom. He once, when the visitation of the forests, which they commonly call the "view," and which takes place every third year, was at hand, obtained a writ of the King to the effect that he should be quit of whatever might be demanded from his land for essarts, the sum being stated to which these amounted: and when this writ was brought and publicly read before the exchequer, all were amazed and wondered, saying, "does not this Earl invalidate our privileges?" And while those who sat there mutually regarded each other, Nigel, of blessed memory, the whilom Bishop of Ely, began speaking thus with modesty: "My lord earl, thou dost seem to have invalidated, by this writ, the prerogative of the exchequer, since thou hast obtained a mandate of the King for those things from which thou, by reason of thy seat at the exchequer, art free; and if one may logically draw an inference by deduction from the major term, whoever does not obtain a writ of the King concerning his essarts, will soon become answerable for their payment, but, with all due reverence, this mode of absolution is pernicious on account of the example it sets." When, therefore, as happens in doubtful cases, some were of one opinion, and others of another, there was brought in, as a valid argument in this matter, the yearly (pipe) roll of the time of that great King of whom we spoke above, under whom the dignity and the knowledge of the exchequer are said to have flourished in a high degree; and something was found which seemed to justify the bishop who made the assertion concerning the prerogative of those sitting there. Having heard these things, the earl, after deliberating a little with himself, said: "I confess that in this matter I obtained a writ of the King, not that I might invalidate your right, but that thus, without trouble, I might avoid the too unfortunate exaction—unknown, however, to the King—of the collectors." Abandoning his writ, therefore, he chose to be absolved on account of the prerogative of his seat. Some time after, when the aforesaid bishop, detained by infirmity, could not be present, and I myself supplied, as well as I could, his place at the exchequer, it happened that essarts were paid. When, therefore, what had been exacted from his domain had been paid, I complained publicly, alleging the right of exemption. By the common counsel and verdict of all, therefore, the sum which had already been paid was restored to me. Reserving therefore, what had been raised from his domain, I restored to his serfs, in its entirety, what had been exacted from each one, so that the memory might survive and be witness in this matter.